Apple Looks To Deliver 'Coup De Grace' To Clone-Maker Psystar
November 25, 2009 1:09 PM ET
A week and a half after winning a crucial legal victory against Psystar, Apple is seeking an injunction against the Mac clone maker in a move that could shut Psystar down permanently.
Tuesday Apple asked a California district judge to issue the permanent injunction that would prevent Psystar from infringing Apple's copyrights. Such an injunction would likely force Psystar to close its doors.
Apple also said Psystar owes it $2.1 million in damages, according to the filing, although Apple is unlikely to ever collect on that given that Psystar has less than $50,000 in assets, according to a story posted on the Daily Tech Web site.
Apple sued Psystar in July 2008 claiming that Psystar's computers, which ran on a modified, unauthorized version of the OS X operating system, violated Apple copyrights. Apple also charged Psystar with breach of contract, unfair competition, and trade and trademark infringement.
On Nov. 13 U.S. District Judge William Alsup ruled that Apple was not abusing its software copyright of the MacIntosh OS X operating system. Psystar, based in Miami, Fla., specializes in cracking copies of OS X and loading them on "Mac clones." That summary judgment ruling was widely seen as dealing a serious blow to Psystar's legal arguments in the case.
Apple's latest filing calls for the court to ban Psystar from directly or indirectly infringing on its Mac OS X copyrights and prevent it from circumventing technology protection measures built into the operating system.
"Psystar Corporation has built its business on infringing Apple Inc.'s copyrights and trademarks, free-riding on Apple's research and development efforts, and trading on Apple's hard-earned reputation for high quality, innovative and easy-to-use computers," Apple said in the filing, according to a copy of the court documents posted on Groklaw. "Psystar's appropriation of Apple's intellectual property and goodwill has been systematic and brazen, from the name of Psystar's 'OpenMac' computers to its deliberate pirating of Apple's Mac OS X. Psystar even seeks to profit from Apple's efforts to protect its rights, extolling this litigation as Psystar's 'opportunity to gain market share,' in a pitch to venture capitalists," the document said.
The next court hearing in the case is set for Dec. 14.
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